SHUBHAM Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard Adv. Mr. S.B. Talekar, with Adv. Mr. M.S. Nilwant for the petitioner; learned GP Mr. S.V. Kurundkar for respondent nos.1, 2 and 4; and Adv. Mr. K.C. Sant for respondent no.3.

(2.) Rule. Rule made returnable forthwith. Heard finally by consent.

(3.) By this petition, filed under Article 226 of the Constitution of India, the petitioner / student, a minor, through his mother, has approached this Court challenging denial of respondent nos.1 and 2, to consider his eligibility for admission to M.B.B.S. course in State quota. The said denial is based upon provisions of Rules 4.4, 4.5 and 9.1.4.2 of the NEETUG-2013 Rules and hence, there is a prayer for declaring the same as ultra virus Articles 14, 15, 21 and 29(2) of the Constitution of India. Submission, in brief is, the domicile of the petitioner in the State of Maharashtra and accordingly his merit in the National Entrance Test needed to be considered and given due weightage. Mere fact, that he has passed S.S.C. and H.S.C. examinations from Andhra Pradesh, can not disentitle him from seeking admission in State quota.